NY State Senate Bill 2023-S4421

Senate Bill S4421

2023-2024 Legislative Session

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 08, 2023	referred to codes

2023-S4421 (ACTIVE) - Details

See Assembly Version of this Bill:: A315
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §190.25, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10049
2017-2018: A2019
2019-2020: S7126, A1854
2021-2022: S754, A5831

2023-S4421 (ACTIVE) - Summary

Relates to permitting support to a vulnerable elderly person testifying in grand jury proceedings; allows a social worker or informal caregiver to accompany a vulnerable elderly person testifying in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents.

2023-S4421 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4421

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to permitting
support to a vulnerable elderly person testifying in grand jury
proceedings

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a social worker or informal caregiver to be present and give
care to a vulnerable elderly person during grand jury proceedings.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph (h) of subdivision 3 of § 190.25 of the
Criminal Procedure Law, and adds a new paragraph (i) to allow a social
worker or informal caregiver to be present and give care to a vulnerable
elderly person who is called to give evidence in a grand jury proceed-
ing, concerning any type of offense, provided that the district attorney
consents.

Section 2 sets the effective date.

 
JUSTIFICATION:

Chapter 347 of the Laws of 2014 expanded the Criminal Procedure Law to
allow for a social worker or informal caregiver to be present and give
care to a vulnerable elderly person during grand jury proceedings for
specified crimes. These crimes included offenses related to children,
disabled persons, and vulnerable elderly persons, sex offenses, strangu-
lation, assault, criminally negligent homicide, manslaughter, murder,
aggravated murder and incest.  Although this change was a great first
step, additional expansion on these provisions should be made to allow a
social worker or informal caregiver to be present and give care to a
vulnerable elderly person who is called to give evidence in a grand jury
proceeding, concerning any type of offense, provided that the district
attorney consents.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S754 / A5931

2020: S7126 / A1854

2017-2018: A2019

2016: A10049

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4421 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4421
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law, in relation to permitting
   support to a  vulnerable  elderly  person  testifying  in  grand  jury
   proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (h) of subdivision 3 of  section  190.25  of  the
 criminal  procedure  law, as amended by chapter 347 of the laws of 2014,
 is amended and a new paragraph (i) is added to read as follows:
   (h) A social worker, rape  crisis  counselor,  psychologist  or  other
 professional providing emotional support to a child witness twelve years
 old  or  younger[, or a social worker or informal caregiver, as provided
 in subdivision two of section two hundred six of the elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law,] who is called to give evidence in a grand jury
 proceeding concerning a crime defined in article one hundred twenty-one,
 article one hundred thirty, article two hundred sixty,  section  120.10,
 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
 of  the  penal  law  provided  that the district attorney consents. Such
 support person shall not provide the witness with an answer to any ques-
 tion or otherwise participate in such proceeding and shall first take an
 oath before the grand jury that he or she will keep secret  all  matters
 before such grand jury within his or her knowledge.
   (I)  A  SOCIAL WORKER OR INFORMAL CAREGIVER, AS DEFINED IN SUBDIVISION
 TWO OF SECTION TWO HUNDRED SIX OF THE ELDER LAW, FOR A VULNERABLE ELDER-
 LY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL
 LAW, AS ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS  OF  NINE-
 TEEN  HUNDRED  NINETY-EIGHT,  WHO  IS CALLED TO GIVE EVIDENCE IN A GRAND
 JURY PROCEEDING, CONCERNING ANY  TYPE  OF  OFFENSE,  PROVIDED  THAT  THE
 DISTRICT  ATTORNEY  CONSENTS.  SUCH SUPPORT PERSON SHALL NOT PROVIDE THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01373-01-3

 S. 4421                             2
 
 WITNESS WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN  SUCH
 PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR
 SHE  WILL  KEEP  SECRET ALL MATTERS BEFORE SUCH GRAND JURY WITHIN HIS OR
 HER KNOWLEDGE.
   § 2. This act shall take effect immediately.

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